1-1 AN ACT
1-2 relating to the investigation and prosecution of an offense
1-3 motivated by bias or prejudice, to other civil and criminal
1-4 remedies for and protections against certain hateful acts, and to
1-5 training and education concerning hate laws.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1
1-8 SECTION 1.01. Section 12.47, Penal Code, is amended to read
1-9 as follows:
1-10 Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
1-11 PREJUDICE. (a) If [the judge or jury, whichever assesses
1-12 punishment in the case, makes] an affirmative finding under Article
1-13 42.014, Code of Criminal Procedure, is made in the [punishment
1-14 phase of the] trial of an offense other than a first degree felony
1-15 or a Class A misdemeanor, the punishment for the offense is
1-16 increased to the punishment prescribed for the next highest
1-17 category of offense. If the offense is a Class A misdemeanor, the
1-18 minimum term of confinement for the offense is increased to 180
1-19 days. This section does not apply to the trial of an offense of
1-20 injury to a disabled individual under Section 22.04, if the
1-21 affirmative finding in the case under Article 42.014, Code of
1-22 Criminal Procedure, shows that the defendant intentionally selected
1-23 the victim because the victim was disabled.
1-24 (b) The attorney general, if requested to do so by a
2-1 prosecuting attorney, may assist the prosecuting attorney in the
2-2 investigation or prosecution of an offense committed because of
2-3 bias or prejudice. The attorney general shall designate one
2-4 individual in the division of the attorney general's office that
2-5 assists in the prosecution of criminal cases to coordinate
2-6 responses to requests made under this subsection.
2-7 SECTION 1.02. Article 42.014, Code of Criminal Procedure, is
2-8 amended to read as follows:
2-9 Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF
2-10 BIAS OR PREJUDICE. (a) In the [punishment phase of the] trial of
2-11 an offense under Title 5, Penal Code, or Section 28.02, 28.03, or
2-12 28.08, [the] Penal Code, the judge [if the court determines that
2-13 the defendant intentionally selected the victim primarily because
2-14 of the defendant's bias or prejudice against a group, the court]
2-15 shall make an affirmative finding of [that] fact and enter the
2-16 affirmative finding in the judgment of the [that] case if at the
2-17 guilt or innocence phase of the trial, the judge or the jury,
2-18 whichever is the trier of fact, determines beyond a reasonable
2-19 doubt that the defendant intentionally selected the person against
2-20 whom the offense was committed or intentionally selected property
2-21 damaged or affected as a result of the offense because of the
2-22 defendant's bias or prejudice against a group identified by race,
2-23 color, disability, religion, national origin or ancestry, age,
2-24 gender, or sexual preference.
2-25 (b) The sentencing judge may, as a condition of punishment,
2-26 require attendance in an educational program to further tolerance
2-27 and acceptance of others.
3-1 (c) In this article, "sexual preference" has the following
3-2 meaning only: a preference for heterosexuality, homosexuality, or
3-3 bisexuality.
3-4 SECTION 1.03. (a) The change in the law made by this
3-5 article applies only to an offense committed on or after the
3-6 effective date of this Act. For purposes of this section, an
3-7 offense is committed before the effective date of this Act if any
3-8 element of the offense occurs before the effective date.
3-9 (b) An offense committed before the effective date of this
3-10 Act is covered by the law in effect when the offense was committed,
3-11 and the former law is continued in effect for that purpose.
3-12 ARTICLE 2
3-13 SECTION 2.01. Article 104.004, Code of Criminal Procedure, is
3-14 amended to read as follows:
3-15 Art. 104.004. EXTRAORDINARY COSTS OF PROSECUTION. (a) The
3-16 criminal justice division of the governor's office may distribute
3-17 money appropriated by the legislature for the purposes of this
3-18 article [this purpose.]
3-19 [(b) A county is eligible to apply to the division for a
3-20 distribution of money under this article if, during the preceding
3-21 fiscal year:]
3-22 [(1) the total amount of expenditures of the county
3-23 exceeded the total amount of funds received by the county from all
3-24 sources and the county incurred expenses for the investigation or
3-25 prosecution of an offense under Section 19.03, Penal Code; or]
3-26 [(2) the total amount of funds received by the county
3-27 from all sources exceeded the total amount of expenditures of the
4-1 county and the county incurred expenses for the investigation or
4-2 prosecution of an offense under Section 19.03, Penal Code, that
4-3 exceed five percent of the amount of that excess.]
4-4 [(c) The commissioners court must submit with an application
4-5 under Subsection (b) a financial statement of the county that shows
4-6 for the fiscal year for which application is made:]
4-7 [(1) the total amount of funds received by the county
4-8 from all sources;]
4-9 [(2) the total amount of expenditures of the county;
4-10 and]
4-11 [(3) the total amount of expenses incurred by the
4-12 county for the investigation or prosecution of an offense under
4-13 Section 19.03, Penal Code.]
4-14 [(d) The division may distribute money under this article
4-15 only] to a [an eligible] county for the reimbursement of expenses
4-16 incurred by the county during the fiscal year during [for] which
4-17 application is made or the fiscal year preceding the year during
4-18 which application is made for the investigation or prosecution of
4-19 an offense under Section 19.03, Penal Code, or an offense under the
4-20 Penal Code alleged by the attorney representing the state to have
4-21 been committed for a purpose or reason described by Article
4-22 42.014[. The amount of the reimbursement to a county eligible
4-23 under Subsection (b)(2) may not exceed an amount equal to five
4-24 percent of the difference between the total amount of funds
4-25 received by the county and the total amount of expenditures of the
4-26 county during the fiscal year for which application is made].
4-27 (b) [(e)] For each fiscal year, the division shall
5-1 distribute at least 50 percent of the money distributed under this
5-2 article during that year to [eligible] counties with a population
5-3 of less than 50,000, except that if the total distributions applied
5-4 for by those counties is less than 50 percent of the money
5-5 distributed during that year, the division is only required to
5-6 distribute to those counties the amount of money for which
5-7 applications have been made.
5-8 (c) [(f)] The division may adopt a budget and rules for the
5-9 distribution of money under this article.
5-10 (d) [(g)] All money distributed to a county under this
5-11 article [subchapter] and its expenditure by the county are subject
5-12 to audit by the state auditor.
5-13 ARTICLE 3
5-14 SECTION 3.01. Chapter 6, Code of Criminal Procedure, is
5-15 amended by adding Article 6.08 to read as follows:
5-16 Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY
5-17 BIAS OR PREJUDICE. (a) At any proceeding in which the defendant
5-18 appears in constitutional county court, statutory county court, or
5-19 district court that is related to an offense under Title 5, Penal
5-20 Code, or Section 28.02, 28.03, or 28.08, Penal Code, in which it is
5-21 alleged that the defendant committed the offense because of bias or
5-22 prejudice as described by Article 42.014, a person may request the
5-23 court to render a protective order under Title 4, Family Code, for
5-24 the protection of the person.
5-25 (b) The court shall render a protective order in the manner
5-26 provided by Title 4, Family Code, if, in lieu of the finding that
5-27 family violence occurred and is likely to occur in the future as
6-1 required by Section 85.001, Family Code, the court finds that
6-2 probable cause exists to believe that an offense under Title 5,
6-3 Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
6-4 occurred, that the defendant committed the offense because of bias
6-5 or prejudice, and that the nature of the scheme or course of
6-6 conduct engaged in by the defendant in the commission of the
6-7 offense indicates that the defendant is likely to engage in the
6-8 future in conduct prohibited by Title 5, Penal Code, or Section
6-9 28.02, 28.03, or 28.08, Penal Code, and committed because of bias
6-10 or prejudice.
6-11 (c) The procedure for the enforcement of a protective order
6-12 under Title 4, Family Code, applies to the fullest extent
6-13 practicable to the enforcement of a protective order under this
6-14 article, including provisions relating to findings, contents,
6-15 duration, warning, delivery, law enforcement duties, and
6-16 modification, except that:
6-17 (1) the printed statement on the warning must refer to
6-18 the prosecution of subsequent offenses committed because of bias or
6-19 prejudice;
6-20 (2) the court shall require a constable to serve a
6-21 protective order issued under this article; and
6-22 (3) the clerk of the court shall forward a copy of a
6-23 protective order issued under this article to the Department of
6-24 Public Safety with a designation indicating that the order was
6-25 issued to prevent offenses committed because of bias or prejudice.
6-26 (d) For an original or modified protective order rendered
6-27 under this article, on receipt of the order from the clerk of the
7-1 court, a law enforcement agency shall immediately, but not later
7-2 than the 10th day after the date the order is received, enter the
7-3 information required by Section 411.042(b)(6), Government Code,
7-4 into the statewide law enforcement information system maintained by
7-5 the Department of Public Safety.
7-6 SECTION 3.02. Chapter 25, Penal Code, is amended by adding
7-7 Section 25.071 to read as follows:
7-8 Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING
7-9 OFFENSE CAUSED BY BIAS OR PREJUDICE. (a) A person commits an
7-10 offense if, in violation of an order issued under Article 6.08,
7-11 Code of Criminal Procedure, the person knowingly or intentionally:
7-12 (1) commits an offense under Title 5 or Section 28.02,
7-13 28.03, or 28.08 and commits the offense because of bias or
7-14 prejudice as described by Article 42.014, Code of Criminal
7-15 Procedure;
7-16 (2) communicates:
7-17 (A) directly with a protected individual in a
7-18 threatening or harassing manner;
7-19 (B) a threat through any person to a protected
7-20 individual; or
7-21 (C) in any manner with the protected individual,
7-22 if the order prohibits any communication with a protected
7-23 individual; or
7-24 (3) goes to or near the residence or place of
7-25 employment or business of a protected individual.
7-26 (b) If conduct constituting an offense under this section
7-27 also constitutes an offense under another section of this code, the
8-1 actor may be prosecuted under either section or under both
8-2 sections.
8-3 (c) A peace officer investigating conduct that may
8-4 constitute an offense under this section for a violation of an
8-5 order may not arrest a person protected by that order for a
8-6 violation of that order.
8-7 (d) An offense under this section is a Class A misdemeanor
8-8 unless it is shown on the trial of the offense that the defendant
8-9 has previously been convicted under this section two or more times
8-10 or has violated the protective order by committing an assault, in
8-11 which event the offense is a third degree felony.
8-12 ARTICLE 4
8-13 SECTION 4.01. Chapter 2, Code of Criminal Procedure, is
8-14 amended by adding Article 2.211 to read as follows:
8-15 Art. 2.211. HATE CRIME REPORTING. In addition to performing
8-16 duties required by Article 2.21, a clerk of a district or county
8-17 court in which an affirmative finding under Article 42.014 is
8-18 requested shall report that request to the Texas Judicial Council,
8-19 along with a statement as to whether the request was granted by the
8-20 court and, if so, whether the affirmative finding was entered in
8-21 the judgment in the case. The clerk shall make the report required
8-22 by this article not later than the 30th day after the date the
8-23 judgment is entered in the case.
8-24 SECTION 4.02. Section 71.034, Government Code, is amended by
8-25 adding Subsection (e) to read as follows:
8-26 (e) In addition to the information described by Subsection
8-27 (a), the council shall include in the report a summary of
9-1 information provided to the council during the preceding year under
9-2 Article 2.211, Code of Criminal Procedure.
9-3 ARTICLE 5
9-4 SECTION 5.01. (a) This Act does not create any legal status
9-5 or right not already existent in statute or common law for a group
9-6 or a member of a group described by Article 42.014(a), Code of
9-7 Criminal Procedure, as amended by this Act, and Section 140.002,
9-8 Civil Practice and Remedies Code, as added by this Act.
9-9 (b) This Act shall be used only to protect individuals from
9-10 being targets of hateful acts of violence simply because those
9-11 individuals are members of a group described by Article 42.014(a),
9-12 Code of Criminal Procedure, as amended by this Act, and Section
9-13 140.002, Civil Practice and Remedies Code, as added by this Act.
9-14 ARTICLE 6
9-15 SECTION 6.01. Subchapter Z, Chapter 29, Education Code, is
9-16 amended by adding Section 29.903 to read as follows:
9-17 Sec. 29.903. COMMUNITY EDUCATION RELATING TO HATE CRIME LAW.
9-18 (a) The attorney general, in cooperation with the agency, shall
9-19 develop a program that provides instruction about state laws on
9-20 hate crimes:
9-21 (1) at appropriate grade levels, to students; and
9-22 (2) to the community at large.
9-23 (b) The agency shall make the program available to a school
9-24 on the request of the board of trustees or the school district of
9-25 which the school is a part, or if the school is an open-enrollment
9-26 charter school, on the request of the governing body of the school.
9-27 SECTION 6.02. Section 29.903, Education Code, as added by
10-1 this Act, applies beginning with the 2001-2002 school year.
10-2 ARTICLE 7
10-3 SECTION 7.01. Subchapter B, Chapter 22, Government Code, is
10-4 amended by adding Section 22.111 to read as follows:
10-5 Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO
10-6 PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of
10-7 criminal appeals shall provide to prosecuting attorneys training
10-8 related to the use of Section 12.47, Penal Code, and Article
10-9 42.014, Code of Criminal Procedure, for enhancing punishment on a
10-10 finding that an offense was committed because of the defendant's
10-11 bias or prejudice as defined in Article 42.014, Code of Criminal
10-12 Procedure.
10-13 SECTION 7.02. The court of criminal appeals shall make
10-14 training described by Section 22.111, Government Code, as added by
10-15 this Act, available to prosecuting attorneys not later than January
10-16 1, 2002.
10-17 ARTICLE 8
10-18 SECTION 8.01. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 587 was passed by the House on April
24, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 587 on May 10, 2001, by the following
vote: Yeas 90, Nays 55, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 587 was passed by the Senate, with
amendments, on May 7, 2001, by the following vote: Yeas 20, Nays
10.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor